HomeMy WebLinkAboutmin 11-19-80CITY COUNCIL MINUTES
CITY COUNCIL CHAMBERS
UKIAH, CA.
111 W. Church
November 19, 1980
AGENDA
ACTION TAKEN
CALL TO ORDER
6:30 P.M. Mayor Hickey
presiding. Councilmembers
present: Riley, Feibusch,
Snyder, Myers, Hickey
Staff present: Swayne,
Orchard, Kruth, Harris,
Goforth, Tillotson, Melvin
INVOCATION
PLEDGE OF ALLEGIANCE
Ira Brannon
Councilmember Riley
PROCLAPLATION
Ira Brannon, City repre-
sentative to Redwood Empire
Municipal Insurance Fund
Board of Directors presented
to the City Manager a clock
plaque of redwood burl in
recognition of the City
Manager's efforts in the
formation of the fund and
the substantial savings
realized by the City.
CONSENT CALENDAR
CONSENT CALENDAR
Councilmember Feibusch requested that Item #2 and #10 be
pulled; City Manager requested that Item #12 be pulled;
Councilmember Snyder requested that Item #4 be pulled;
Councilmember Riley requested that Item #3 be pulled;
City Attorney requested that Item #5 be pulled.
M/S: Snyder/Myers to approve Items #1, 6-9, 11 on the
Consent Calendar as follows:
1) Payroll Warrants, #12068-12227, $106,393.21
6) Denied the claim for damages of Samuel Hair in the
amount of $712.11;
7) Denied the claim for damages of Tom Fetzer;
8) Approved authorization to file notice of completion
for parking lot improvements at Oak & Stephenson;
9) Approved Resolution No. 81-32 approving agreement for
funding of transit services;
11) Approved Resolution No. 81-33 authorizing the
destruction of certain records.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
2) General Warrants M/S: Feibusch/Snyder to
approve the General
Warrants, ~15935-16069~ $553,402.54 with the exception of
Warrant No. 16003, Kennedy Engineers, Inc. in the amount of
$6,556.95.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
Councilmember Feibusch referred to City Council minutes
dated September 3, 1980 on subject matter and stated that
assurance by the Director of Public Works of the avail-
ability of additional grant money had not been given as
stated in the' motion. This was the basis for his request
to withhold payment. Director of Public Works Kruth stated
that there is a risk involved in accepting any government
grant, but the letter from the State contains the customary
language and is all the City will get as far as an approval
letter. City Manager Swayne stated that the work has
already been done and the City has an obligation to pay for
the work regardless of the availability of grant funds.
M/S: Snyder/Myers to approve General Warrant #16003 to
Kennedy Engineers, Inc. in the amount of $6,556.95.
Motion'carried by the following roll call vote: AYES:
Riley, Snyder, Myers, Hickey NOES: Feibusch ABSENT: None
3) Minutes, Regular Meeting,
November 5, 1980
paragraph, should read "high."
Councilmember Riley
pointed out that the word
"low" on page 2, second
M/S: Riley/Snyder to approve the Minutes of the Regular
Meeting of November 5, 1980 as corrected.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
4) Minutes, Special Meeting, Councilmember Snyder
November 12, 1980 referred to the third
paragraph and requested
that the words "and goal setting:" be added after the words
"City Manager."
M/S: Snyder/Riley to approve the minutes of Special Meeting
of November 12, 1980 as corrected.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
5) Annual Update of Relocation City Attorney Orchard
Plan For Main Street requested that no action
Extension be taken on subject
matter as Redwood Legal
Assistance has expressed concern in regard to Mrs. Hite's
property.
It was the consensus of Council that no action be taken
and the matter be continued to a later date.
10) Budget authorization to Councilmember Feibusch
provide funds for services stated he did not feel
of accountant (City audit) C.P.A. Jones had the
authority to direct
the City Council to hire an accountant and felt this was a
matter for Personnel Session.
M/S: Feibusch/Snyder to defer action for two months on
budget a,~thorization to provide funds for services of
accountant.
Councilmember Myers stated that he had in the past declared
Reg.Mtg.
11/19/80
Page 2
a conflict of interest because of his relationship with Mr.
Jones and he would abstain from voting.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Hickey NOES: None ABSENT: None
ABSTAIN: Myers
12) Award of bid for electrical Director of Public Works
conduit,-vaults explained that the bulk
· of this merchandise is
stock material to be used in the proposed School Street
undergrounding and in the Ford Orchard Subd. project.
M/S: Feibusch/Riley to authorize the award of the bid to
the lowest bidders for electrical conduit and vaults,
conductor, conductor connections,.street light poles and
street light heads to: #PC 1750 Fiberglass Ele. Boxes,
etc. to Bayside of Santa Rosa in the total amount of $3,968.22;
to Consol. Ele. Distr. in the total amount of $525.22; to
Davis & Gregory in the total amount of $5,774.24 and to
Maydwetl & Hartzell in the total amount of $554.70; for
Str. Alum., etc. to Graybar Ele. Co. in the total amount
of $7,601.42; to Wesco in the total amount of $158.71 and
to G. E. Supply in the total amount of $10,540.64; for
Alcon, etc. to Consol. Elec. Distr. in the total amount of
$6,483.84; for PVC Conduit, etc. to Amfac Elec. Supply in
the total amount of $19,140.88; for poles and fixtures to
Bayside of Santa Rosa in the total amount of $5,194.00 and
Graybar Elec. in the total amount of $2,582.16; for PVC
elbows and couplings to Amfac Elec. in the total amount of
$3,942.81; for utility vaults and enclosure to Utility
Vault Co., Inc. in the total amount of $20,612.76.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
PUBLIC HEARINGS
PUBLIC HEARINGS
13) Resolution adopting revised Director of Public Works
schedule of water service Kruth stated the resolution
charges & sewer construction reflects the change in
charges charges for connection of
water and sewer charges
from a flat rate to a rate which will allow the City to
recover its actual construction costs.
PUBLIC HEARING OPENED - No audience participation.
PUBLIC HEARING CLOSED.
M/S: Snyder/Feibusch to approve the negative environmental
impact report. Unanimously carried.
M/S: Feibusch/Snyder to approve Resolution No. 81-34
adopting revised schedule of water service charges and
sewer construction charges; effective date; repeals of
prior schedules.
Councilmember Feibusch requested that the words "final
subdivision map" be inserted on page 1, D(1) (a) 'of schedule
attached to Resolution after the words "In cases where a"
and requested that the effective date be November 20, 1980
instead of January 1, 1981 as proposed.
M/S: Fe~busch/Snyder to amend thc original motion by
making the effective date November 20, 1980 and by insertion
of the words "final subdivision map".
Amendment carried by the following roll call vote: AYES:
Reg. Mtg.
ll/19/S0
Page 3
Riley, Feibusch, Snyder, Myers, Hickey NOES: None
ABSENT: None
Motion as amended carried by the following roll call vote:
AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None
ABSENT: None
14) Introduction of ordinance PUBLIC HEARING OPENED:
amending. Code as it relates No audience participation
to sewer and water connection PUBLIC HEARING CLOSED.
fees Councilmember Feibusch
was of the opinion that
due to the inflationary factor, the proposal for $430
residential and $345 commercial and industrial charges for
sewer connection was too low and recommended an increase
to $550 for each. He expressed concern that the City
Manager could set the fees and also felt that that if a
discharger moved into an existing building who required
additional treatment, that they should be charged accordingly.
He was of the opinion that the water connections fees were
excessive and recommended a fee of $550 for 3/4" size to be
decreased proportionately for other sizes.
Director of Public Works referred to the commercial and
industrial schedule and stated that any additional charges
would be determined at the time of connection. He further
stated that staff acts on behalf of the City Manager in
establishing the fees but it does go to the City Manager
for final approval. The discharger has the right of appeal
to the City Council.
Councilmember Feibusch put his recommendations regarding
amount of fees in the form of a motion but the motion died
for loack of a second.
Councilmembers Riley and Myers expressed concern for the
small businessmen who would be required to pay the proposed
$550 fee but would not discharge a large amount into the
sewer system.
M/S: Snyder/Riley to introduce Ordinance No. 751 by title
only. Unanimously carried.
M/S: Snyder/Feibusch to approve the negative environmental
impact report. Unanimously carried.
M/S: Snyder/Feibusch to introduce Ordinance No. 751 amending
certain sections of the Ukiah City Code (sewer and water
connection fees) with the sewer connection charges to be
$550 for residential for each dwelling unit and $550 for
commercial and industrial connections.
Motion carried by the following roll call vote: AYES: Feibusch,
Snyder, Hickey NOES: Riley, Myers ABSENT: None
15) Resolution adopting rates City Manager Swayne
for electric service stated this resolution
connections would reinstitute the
capital improvement
fees for electric service connections that were-in effect
two years ago.
PUBLIC }{EARING OPENED: No audience participation.
PUBLIC HEARING CLOSED.
M/S: Snyder/Feibusch to approve the negative environmental
impact report. Unanimously carried.
M/S: Feibusch/Snyder to approve Resolution No. 81-35
Reg .Mtg.
11/19/80
Page 4
fi62
adopting rates for electric service connections.
Councilmember Feibusch requested that the wording "pouring
of cement" on page 1 of Rule and Regulation No. 1 be
changed to read "pouring of concrete."
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
RECESS: 7:54 P.M.
16) Revised Sign Ordinance PUBLIC HEARING OPENED:
Curt Firestone, Director
of North Coast Regional Center, stated that he was in favor
of prohibition of high rise signs and felt the businesses
have had plenty of time to make the required changes since
the original sign ordinance was adopted and felt Council
should abide by the five year period set up at that time.
He also reported that the State is considering establishing
a permanent logo signing program for California.
Vince Angell, Mill Oak Pharmacy, recommended to the Council
that the four points as recommended by the joint Planning
Commission/Ad Hoc Committee be adopted.
Marge Thatcher, 416 Nokomis, stated that any additional
economic burden on the business community at this time will
be a real hardship.
PUBLIC HEARING CLOSED.
Grandfather Clause
M/S: Feibusch/Myers to accept the grandfather clause as
set forth in Planning Director's memo of November 14, 1980
with a change in the appropriate place on page 18, article
5(4.), to read "sign repair or damage exceeds 50% of
initial capital investment value."
Councilmember Snyder felt that enforcement would be a problem
and felt that grant money could be made available to business
owners for sign improvement. Councilmember Riley expressed
concern for those that had already complied with the sign
ordinance.
Motion carried by the following roll call vote: AYES: Feibusch,
Myers, Hickey NOES: Riley, Snyder ABSENT: None
Freeway Signing
M/S: Riley/Snyder to accept the proposed terminology
regarding freeway signage.
Mayor Hickey felt the business people within the City limits
would be put at a disadvantage for being required to comply
with subject requirement when the business people outside
the City limits did not have to comply. He also questioned
the need for any such ordinance.
Motion carried by the following roll call vote: -AYES: Riley,
Feibusch, Snyder, Myers NOES: Hickey ABSENT: None
Re~ulations__~y Zoning Districts
M/S: Riley/Myers to retain the proposed terminology regarding
sign reguiations for residential and commercial/industrial
uses.
Motion carrY, ed by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
Reg. Mtg.
11/]9/80
Page 5
Color Renderin~
M/S: Riley/Myers to change "rendering in color" to
"rendering with color swatches" for sign permits in item B(4)
on page 10.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
Window Siqns
M/S: Snyder/Hickey to eliminate Section 3228, page 12
regarding window signage.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
Business Frontage
M/S: Myers/Snyder to insert the statement contained in
Planning Director's November 14, 1980 memo regarding business
frontage.
Mayor Hickey felt signs should not be limited just to the
store frontage.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers NOES: Hickey ABSENT: None
REPORTS FROM BOARDS, COMMITTEES
COMMISSIONS
REPORTS FROM BOARDS, COMMITTEE
COMMISSIONS
17) Request from Parking
Advisory Commission to
change frequency of meetings
and days of meetings
M/S: Snyder/Myers to
introduce Ordinance No.
752 by title only.
Unanimously carried.
M/S: Snyder/Riley to
introduce Ordinance No. 752 amending Section 1165 of the
City of Ukiah Municipal Code relating to frequency of
meetings of the Parking Advisory Commission. Unanimously
carried.
18) Final Map, Creekside M/S: Feibusch/Snyder
Condominiums, Unit One to approve Resolution
No. 81-36 approving the
Final Map for Creekside Condominiums Unit One.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
RECESS: 9:03 P.M.
WRITTEN COMMUNICATIONS
WRITTEN COMMUNICATIONS
19) Ukiah Area Bicycle M/S: Snyder/Myers to
Commuter Guide accept the Ukiah Area
Bicycle Commuter Guide
as prepared by the California Department of Transportation
with the recommendations of the Traffic Engineering Committee
and authorize Caltrans to reproduce and distribute the
amended guide.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
20) Feasibility of using a
wetlands for treatment of
secondary effluent & for
aquaculture for City of Ukiah
by Demgen Aquatic Biology
Francesca Demgen,
Demgen Aquatic Biolo~y,
was in the audience to
answer any questions
posed by City Council.
Reg .Mtg.
].1/19/80
P a g e 6
City Manager referred to various aspects of the report
wherein his investigation resulted in a difference of opinion.
City Manager stated comments from the State'indicates that
they urge the City to keep the project on schedule and
pointed out that any additional delay incurred would cause
them to pursue enforcement action. He also stated he
understood from State staff that this project would not be
grant eligible.
M/S: Feibusch/Snyder to take no action on the Demgen proposal
other than authorize payment to Demgen Aquatic Biology.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Sndyer, Myers, Hickey NOES: None ABSENT: None
ORDINANCES AND RESOLUTIONS
ORDINANCES AND RESOLUTIONS
21) Blue Curb Ordinance
Unanimously carried.
M/S: Riley/Myers to
introduce Ordinance No.
753 by title only.
M/S: Riley/Myers to introduce Ordinance No. 753 Blue Curb
Ordinance.
Motion carried by the following roll call vote: AYES: Riley,
Feibusch, Snyder, Myers, Hickey NOES: None ABSENT: None
22) Introduction of Ordinance
relating to time of operation
of parking meters
M/S: Snyder/Myers to
introduce Ordinance
No. 754 by title only.
Unanimously carried.
M/S: Snyder/Myers to introduce Ordinance No. 754 amending
Section 7212 of the City of Ukiah Municipal Code relating
to time of operation of parking meters.
M/S: Feibusch/Snyder to make the effective hours of parking
meter operation 8:00 a.m. and 6:00 p.m. and change the signs
thereon accordingly. The maker of the original motion and
the second agreed to the amendment.
The amended motion carried by the following roll call vote:
AYES: Riley, Feibusch, Snyder, Myers, Hickey NOES: None
ABSENT: None
CITY ATTORNEY REPORTS
None
CITY MANAGER REPORTS
CITY MANAGER REPORTS
23) Proposed cooperative drainage Director of Public Works
improvement project: Cooper stated this request
Lane is for Council
consideration to approve
a concept regarding a drainage ditch on property that Mr. Busch
owns on Cooper Lane.
Mr. Busch presented photographs to Council showing the
potential danger of the drainage ditch. He proposes to put
a culvert in at an estimated cost of $25,000 and asks Council
to bear 1/2 the cost in an amount not to exceed $12,500. In
his opinion, this would be a mutually beneficial project..
Information on subject matter had been given City Council a
short tirt~ prior to the meeting so it was determined to
continue tile matter two weeks in order that Council might
view the Froperty for subsequent consideration.
M/S: Snyder/Riley to continue subject matter to City
Reg.Mtg.
11/].9/80
Page 7
Council December 3, 1980 meeting. Unanimously carried.
24) Discussion of the former City Manager Swayne
Penny's building stated his recommendation
would-be that the City
Council, if interested in this project, authorize the completion
of~an environmental assessment and hire a financial consultant.
Councilmember Snyder stated the previous City Council had
a new City Hall location as a No. 1 goal. She was of the
opinion City Council should proceed with the environmental
assessment and if Mr. Felix is not agreeable to sale of the
building, then a letter should be sent to him with threat of
~condemnation.
The City Manager and Councilmember Snyder, who had both
-talked to property owner, were advised by him that Council-
member Feibusch had had conversations with him regarding
purchase of the property. This brought up the question of
conflict of interest and City Attorney determined there was
no conflict in as much as Councilmember Feibusch had no
financial interest in the property.
Ida Kunzler, President of Downtown Merchants, felt that the
Council would be doing a disservice to downtown merchants
if the City bought the Penney's building for a City Hall.
She felt it was essential for the downtown to have a major
store. She also requested that before Council takes action,
that the downtown merchants have an opportunity to give
their opinion on subject matter.
Clyde Oakes, 280 S. School, reiterated Mrs. Kunzler's
opinion and named cities where such a move proved detrimental
to the downtown.
Councilmember Feibusch felt that a~major store is needed
for the downtown to draw the traffic so the smaller stores
can exist.
M/S: Snyder/Riley to have City Council authorize the
environmental assessment with the intent of purchasing the
J.C. Penney building and a letter of intent sent to Mr.
Felix.
_Councilmember Riley felt that the downtown could change
its nature to basically office and still retain a solid
retail and did not feel that buying the Penney's building
would destroy the downtown, but would change its nature.
She did feel, however, that the downtown merchants should
be given the opportunity to discuss subject matter.
Councilmember Myers also felt the downtown merchants should
be fully informed that the City is considering the Penney's
building as a City Hall.
M/S: Snyder/Riley to amend'the original motion that City
Council authorize the environmental assessment only at this
time.
Motion failed by the following roll call vote: AYES: Snyder,
Hickey NOES: Riley, Feibusch, Myers ABSENT: None
25) PCB Control
No. 25. Unanimously carried.
M/S: Snyder/Myers
to add Agenda Item
City Manager Swayne stated this is a request for budget
authorization to provide funds for removal of PCB materials
from Ramey Collector.
Reg. Mtg.
11/19/80
Page 8
It was the consensus of Council that subject matter be
continued to next Council meeting in order for Council to
review alternatives to disposal of PCB.
CITY COUNCIL REPORTS
CITY COUNCIL REPORTS
CoUncilmember Riley stated that as Dan Hamburg's resignation
has been received, recruitment should begin to fill his
position on the Planning Commission.
She also stated she was glad to see the traffic patrol at
work; expressed concern for the recent burglaries and rape
that have occurred and felt this should be discussed as
part of goal setting.
Councilmember Snyder reported on her attendance at the
ICMA workshop in Sacramento. She expects to receive
material relative to downtown revitalization and will forward
it to councilmembers. She stated she was happy to see that
the bike lanes have been completed. She reported that the
National Guard is very interest in coming to Ukiah and
the Mayor has written a letter inviting them to locate here.
She requested a followup on the airport parking situation
since the problem still exists.
Counci!member Myers reported he attended the ribbon cutting
ceremonies for the bike lanes.
Mayor Hickey stated that the Council may have made a mistake
in rejecting adoption of the recapture of the Feather River
because of the recent FERC ruling that stated that
municipalities no longer have preference for small hydro
jobs like Warm Springs, Pillsbury and Lake Mendocino.
COMMENTS FROM AUDIENCE
COMMENTS FROM AUDIENCE
Clyde Oakes complimented Council on the running of the City
and felt the Council was doing a good job.
ADJOURNMENT - To Executive Session - 11:05 P.M.
MARY MELVIN
Deputy City Clerk
Reg .Mtg.
1]./19/80
Page 9